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H0192aa............................................by ENVIRONMENTAL AFFAIRS
RADIOACTIVE WASTE - DISPOSAL - Amends existing law to provide a five dollar
per gate ton, or fraction thereof, disposal fee for wastes containing
radiologically contaminated waste materials from certain sites administered
by the U.S. Army Corps of Engineers; to revise the definition of
"restricted hazardous waste"; and to provide for rules.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Env Aff
03/07 Rpt out - to Gen Ord
Rpt out amen - to engros
03/08 Rpt engros - 1st rdg - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
Bradford, Bruneel, Campbell, Chase, Clark, Collins, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman,
Shepherd, Smylie, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young,
Mr. Speaker
NAYS -- None
Absent and excused -- Black, Callister, Crow, Cuddy, Schaefer, Smith,
Stevenson, Wood
Floor Sponsor -- Ellsworth
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Health/Wel
03/21 Rpt out - rec d/p - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/23 3rd rdg as amen - PASSED - 31-1-3
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson,
Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler,
Whitworth, Williams,
NAYS -- Ingram
Absent and excused -- Burtenshaw, Ipsen, Stegner
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/26 To enrol
Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
04/02 Governor signed
Session Law Chapter 297
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 192
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL FEES AT HAZARDOUS WASTE DISPOSAL FACILITIES; AMENDING
3 SECTION 39-4427, IDAHO CODE, TO PROVIDE A THIRTY DOLLARS PER GATE TON OR
4 FRACTION THEREOF DISPOSAL FEE FOR WASTES CONTAINING RADIOLOGICALLY CONTAM-
5 INATED WASTE MATERIALS FROM FUSRAP SITES ADMINISTERED BY THE UNITED STATES
6 ARMY CORPS OF ENGINEERS AND TO PROVIDE A MAXIMUM AMOUNT OF WASTE THAT MAY
7 BE DISPOSED OF PER YEAR AT A FACILITY OR SITE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-4427, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-4427. COMMERCIAL DISPOSAL FEES. (1) On and after July 1, 1997, there
12 is imposed on the owner or operator of every commercial hazardous waste dis-
13 posal facility or site permitted under section 39-4409, Idaho Code, the lowest
14 applicable fee for each ton of waste or fraction thereof, as follows:
15 (a) Hazardous wastes as defined by RCRA or section 39-4407, Idaho Code,
16 and excluding hazardous wastes covered by paragraph (c) of this subsec-
17 tion: thirty dollars ($30.00) per gate ton or fraction thereof disposed of
18 at the facility or site;
19 (b) PCB and all manifested waste other than wastes as defined in para-
20 graph (a), (c), (d) or (e) of this subsection: twenty-five dollars
21 ($25.00) per gate ton or fraction thereof disposed of at the facility or
22 site;
23 (c) Hazardous waste that is delisted or treated so that it is no longer
24 hazardous waste: five dollars ($5.00) per gate ton or fraction thereof
25 disposed of at the facility or site;
26 (d) Wastes containing PCBs in concentrations less than fifty (50) parts
27 per million and not regulated by the toxic substances control act, as
28 amended, 15 U.S.C. section 2601 et seq., and all other waste not defined
29 in paragraphs (a), (b), (c) and (d) of this subsection: five dollars
30 ($5.00) per gate ton or fraction thereof;
31 (e) For wastes defined in paragraphs (a) and/or (b) above, after twenty-
32 five thousand (25,000) gate tons of such waste have been disposed of at a
33 commercial hazardous waste facility or site in a calendar year: twenty
34 dollars ($20.00) per gate ton or fraction thereof or any lower applicable
35 fee for such waste disposed of at such facility or site, for the remainder
36 of the calendar year;
37 (f) For wastes containing radiologically contaminated waste materials
38 from "Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites
39 administered by the United States army corps of engineers, thirty dollars
40 ($30.00) per gate ton or fraction thereof, provided that the maximum
41 amount of wastes containing such radioactive materials that may be dis-
42 posed of at a commercial hazardous waste disposal facility or site per-
43 mitted under section 39-4409, Idaho Code, shall not exceed forty thousand
2
1 (40,000) gate tons per year if such site or facility is permitted by law
2 to accept such waste.
3 (2) The fees set forth in subsection (1) of this section shall not apply
4 to any of the following types of wastes:
5 (a) Wastes generated or disposed of by a public agency or other person
6 operating a household hazardous waste collection program;
7 (b) Wastes generated or disposed of by any agency of the state of Idaho.
8 Any waste for which the fees are waived under the provisions of this sec-
9 tion must be noted as fee-waived waste on the return required in section
10 39-4428, Idaho Code, and is subject to all audit provisions of section
11 39-4429, Idaho Code.
12 (3) For wastes disposed of by any agency of the state of Idaho at any
13 commercial hazardous waste disposal facility or site permitted under section
14 39-4409, Idaho Code, the director, pursuant to a written agreement with the
15 director, the owner or operator of any such facility or site, may credit on
16 the return required in section 39-4428, Idaho Code, and in the fee remitted,
17 an amount equal to the actual cost charged by such owner or operator per gate
18 ton or fraction thereof for the characterization, collection, identification,
19 transportation, treatment, storage and disposal of wastes at such facility or
20 site.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Ellsworth
Seconded by Wheeler
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 192
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 24, following "waste" insert: "or
3 nonhazardous radiologically contaminated waste materials from "Formerly Uti-
4 lized Sites Remedial Action Program (FUSRAP)" sites administered by the United
5 States army corps of engineers"; in line 36, delete ";"; delete lines 37
6 through 43; and on page 2, delete lines 1 and 2, and insert: ".".
7 AMENDMENTS TO THE BILL
8 On page 1, following line 8, insert:
9 "SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to
10 restrict certain wastes containing radioactive materials from being disposed
11 of in this state unless the Legislature specifically approves such disposal.";
12 and in line 9, delete "1" and insert: "2".
13 On page 2, following line 20, insert:
14 "SECTION 3. That Section 39-4403, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-4403. DEFINITIONS. As used in this chapter:
17 (1) "Board" means the Idaho board of health and welfare.
18 (2) "Commercial hazardous waste facility or site" means any hazardous
19 waste facility whose primary business is the treatment, storage or disposal,
20 for a fee or other consideration, of hazardous waste generated offsite by gen-
21 erators other than the owner and operator of the facility.
22 (3) "Department" means the Idaho department of health and welfare.
23 (4) "Director" means the director of the Idaho department of health and
24 welfare or the director's authorized agent.
25 (5) "Disposal" means the discharge, deposit, injection, dumping, spill-
26 ing, leaking or placing of any hazardous waste into or on any land or water so
27 that such hazardous waste or any constituent thereof may enter the environment
28 or be emitted into the air or discharged into any waters, including ground
29 waters.
30 (6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste
31 material received at a facility. This weight does not include any subsequent
32 changes to the weight resulting from the management of the waste by the facil-
33 ity.
34 (7) "Generator" means any person, who by virtue of ownership, management,
35 or control, is responsible for causing or allowing to be caused the creation
36 of a hazardous waste.
37 (8) "Hazardous waste" means a waste or combination of wastes of a solid,
38 liquid, semisolid, or contained gaseous form which, because of its quantity,
39 concentration or characteristics (physical, chemical or biological) may:
40 (a) Cause or significantly contribute to an increase in deaths or an
41 increase in serious, irreversible or incapacitating reversible illnesses;
2
1 or
2 (b) Pose a substantial threat to human health or to the environment if
3 improperly treated, stored, disposed of, or managed. Such wastes include,
4 but are not limited to, materials which are toxic, corrosive, ignitible,
5 or reactive, or materials which may have mutagenic, teratogenic, or carci-
6 nogenic properties but do not include solid or dissolved material in
7 domestic sewage, or solid or dissolved materials in irrigation return
8 flows or industrial discharges which are point sources subject to national
9 pollution discharge elimination system permits under the Federal Water
10 Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or
11 source, special nuclear, or by-product byproduct material as defined by
12 the Atomic Energy Act of 1954, as amended, 42 U.S.C., Section 2011 et seq.
13 (9) "Hazardous waste management" means the systematic control of the col-
14 lection, source separation, storage, treatment, transportation, processing,
15 and disposal of hazardous wastes.
16 (10) "Hazardous waste facility or site" means any property, structure, or
17 ancillary equipment intended or used for the transportation, treatment, stor-
18 age or disposal of hazardous wastes.
19 (11) "Injection" means the subsurface emplacement of free liquids.
20 (12) "Manifest" means a form used for identifying the quantity, composi-
21 tion, origin, routing, waste identification code(s), and destination of haz-
22 ardous waste during any transportation from the point of generation to the
23 point of treatment, storage or disposal.
24 (13) "Manifested waste" means waste which at the point of origin or gener-
25 ation is required to be manifested for transportation in a manner similar to
26 that of the federal uniform hazardous waste manifest or by other manifest
27 requirements designed to assure proper treatment, storage and disposal of such
28 waste.
29 (14) "PCB waste" means any waste or waste item which is not included in
30 the definition of "hazardous waste" and which is contaminated with
31 polychlorinated biphenyls.
32 (15) "Person" means any individual, association, partnership, firm, joint
33 stock company, trust, estate, political subdivision, public or private corpo-
34 ration, state or federal governmental department, agency, or instrumentality,
35 or any other legal entity which is recognized by law as the subject of rights
36 and duties.
37 (16) "RCRA" means the Resource Conservation and Recovery Act of 1976 as
38 amended from time to time.
39 (17) "Restricted hazardous waste" means a waste or combination of wastes
40 regulated as land disposal restricted pursuant to federal statutes and regula-
41 tions, including 40 CFR part 268. Restricted hazardous waste also includes
42 byproduct, source, special nuclear materials or devices or equipment utilizing
43 such materials regulated under the federal atomic energy act of 1954, as
44 amended. Restricted hazardous waste shall not include radiologically contami-
45 nated waste materials from "Formerly Utilized Sites Remedial Action Program
46 (FUSRAP)" sites administered by the United States army corps of engineers and
47 being disposed of pursuant to a contract in existence on July 1, 2001, and as
48 may be renewed thereafter.
49 (18) "Storage" means the containment of hazardous wastes, on a temporary
50 basis or for a period of years, in such a manner as not to constitute disposal
51 of such hazardous wastes.
52 (19) "Transportation" means the movement of any hazardous waste to or from
53 a hazardous waste facility or site.
54 (20) "Transporter" means any person who transports a hazardous waste to or
55 from a hazardous waste facility or site.
3
1 (21) "Treatment" means any method, technique, or process, including neu-
2 tralization, which is designed not to be an integral part of a production
3 process, but which is rather designed to change the physical, chemical, or
4 biological character or composition of any hazardous waste prior to storage or
5 final disposal so as to neutralize such waste or so as to render such waste
6 nonhazardous or less hazardous; safer to transport, store, or dispose of; or
7 amenable for recovery, amenable for storage or reduced in volume. Such term
8 includes any activity or processing designed to change the physical form or
9 chemical composition of hazardous waste so as to render it nonhazardous.
10 (22) "Waste" means any solid, semisolid, liquid or contained gaseous mate-
11 rial for which no reasonable use or reuse is intended or which is intended to
12 be discarded.
13 SECTION 4. That Section 39-4405, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-4405. RULES AND REGULATIONS IN GENERAL. Pursuant to the procedures
16 established by the Idaho administrative procedures act, chapter 52, title 67,
17 Idaho Code, the board shall adopt such rules and regulations as are necessary
18 and feasible for the management of the generation, collection, transportation,
19 treatment, storage, and disposal of hazardous wastes within the state. The
20 board shall also adopt such rules and regulations as necessary to regulate
21 persons who produce, burn, distribute, and market fuel containing hazardous
22 waste. The rules and regulations promulgated by the board shall be a part of
23 this code and shall have the force and effect of law. Such rules and regula-
24 tions shall include, but not be limited to:
25 (1) Criteria for the determination of whether any waste or combination of
26 wastes is hazardous for the purposes of this chapter;
27 (2) Rules and regulations for those who generate, transport, treat,
28 store, or dispose of hazardous wastes;
29 (3) Rules, and regulations, consistent with those issued by the United
30 States environmental protection agency and the United States department of
31 transportation, for containerization, labeling and manifesting of hazardous
32 wastes;
33 (4) Rules and regulations specifying the terms and conditions under which
34 the department shall issue, modify, suspend, revoke, or deny such permits as
35 shall be required by this chapter;
36 (5) Lists of those wastes or combinations of wastes which are not compat-
37 ible and which may not be stored or disposed of together;
38 (6) Procedures and requirements for the reporting of the generation,
39 transportation, treatment, storage or disposal of hazardous wastes;
40 (7) Rules and regulations establishing standards and procedures for the
41 training of personnel at generation sites and at hazardous waste facilities
42 and sites;
43 (8) Release detection, prevention and correction regulations rules appli-
44 cable to all owners and operators of underground storage tanks, as may be nec-
45 essary to protect human health and the environment;
46 (9) Rules specifying radioactive materials or other radioactive materials
47 occurring naturally that may be disposed of at a commercial hazardous waste
48 facility or site.".
49 CORRECTIONS TO TITLE
50 On page 1, in line 2, following "FACILITIES;" insert: "PROVIDING LEGISLA-
51 TIVE INTENT;"; in line 3, delete "THIRTY DOLLARS" and insert: "FIVE DOLLAR";
52 delete lines 6 and 7, and insert: "ARMY CORPS OF ENGINEERS; AMENDING SECTION
4
1 39-4403, IDAHO CODE, TO FURTHER DEFINE THE TERM "RESTRICTED HAZARDOUS WASTE"
2 AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 39-4405, IDAHO CODE,
3 TO PROVIDE FOR RULES FOR RADIOACTIVE MATERIALS OR OTHER RADIOACTIVE MATERIALS
4 OCCURRING NATURALLY THAT MAY BE DISPOSED OF AT A COMMERCIAL HAZARDOUS WASTE
5 FACILITY OR SITE AND TO MAKE TECHNICAL CORRECTIONS.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 192, As Amended
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL FEES AT HAZARDOUS WASTE DISPOSAL FACILITIES; PROVIDING
3 LEGISLATIVE INTENT; AMENDING SECTION 39-4427, IDAHO CODE, TO PROVIDE A
4 FIVE DOLLAR PER GATE TON OR FRACTION THEREOF DISPOSAL FEE FOR WASTES CON-
5 TAINING RADIOLOGICALLY CONTAMINATED WASTE MATERIALS FROM FUSRAP SITES
6 ADMINISTERED BY THE UNITED STATES ARMY CORPS OF ENGINEERS; AMENDING SEC-
7 TION 39-4403, IDAHO CODE, TO FURTHER DEFINE THE TERM "RESTRICTED HAZARDOUS
8 WASTE" AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 39-4405,
9 IDAHO CODE, TO PROVIDE FOR RULES FOR RADIOACTIVE MATERIALS OR OTHER RADIO-
10 ACTIVE MATERIALS OCCURRING NATURALLY THAT MAY BE DISPOSED OF AT A COMMER-
11 CIAL HAZARDOUS WASTE FACILITY OR SITE AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to
14 restrict certain wastes containing radioactive materials from being disposed
15 of in this state unless the Legislature specifically approves such disposal.
16 SECTION 2. That Section 39-4427, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-4427. COMMERCIAL DISPOSAL FEES. (1) On and after July 1, 1997, there
19 is imposed on the owner or operator of every commercial hazardous waste dis-
20 posal facility or site permitted under section 39-4409, Idaho Code, the lowest
21 applicable fee for each ton of waste or fraction thereof, as follows:
22 (a) Hazardous wastes as defined by RCRA or section 39-4407, Idaho Code,
23 and excluding hazardous wastes covered by paragraph (c) of this subsec-
24 tion: thirty dollars ($30.00) per gate ton or fraction thereof disposed of
25 at the facility or site;
26 (b) PCB and all manifested waste other than wastes as defined in para-
27 graph (a), (c), (d) or (e) of this subsection: twenty-five dollars
28 ($25.00) per gate ton or fraction thereof disposed of at the facility or
29 site;
30 (c) Hazardous waste that is delisted or treated so that it is no longer
31 hazardous waste or nonhazardous radiologically contaminated waste mate-
32 rials from "Formerly Utilized Sites Remedial Action Program (FUSRAP)"
33 sites administered by the United States army corps of engineers: five dol-
34 lars ($5.00) per gate ton or fraction thereof disposed of at the facility
35 or site;
36 (d) Wastes containing PCBs in concentrations less than fifty (50) parts
37 per million and not regulated by the toxic substances control act, as
38 amended, 15 U.S.C. section 2601 et seq., and all other waste not defined
39 in paragraphs (a), (b), (c) and (d) of this subsection: five dollars
40 ($5.00) per gate ton or fraction thereof;
41 (e) For wastes defined in paragraphs (a) and/or (b) above, after twenty-
42 five thousand (25,000) gate tons of such waste have been disposed of at a
2
1 commercial hazardous waste facility or site in a calendar year: twenty
2 dollars ($20.00) per gate ton or fraction thereof or any lower applicable
3 fee for such waste disposed of at such facility or site, for the remainder
4 of the calendar year.
5 (2) The fees set forth in subsection (1) of this section shall not apply
6 to any of the following types of wastes:
7 (a) Wastes generated or disposed of by a public agency or other person
8 operating a household hazardous waste collection program;
9 (b) Wastes generated or disposed of by any agency of the state of Idaho.
10 Any waste for which the fees are waived under the provisions of this sec-
11 tion must be noted as fee-waived waste on the return required in section
12 39-4428, Idaho Code, and is subject to all audit provisions of section
13 39-4429, Idaho Code.
14 (3) For wastes disposed of by any agency of the state of Idaho at any
15 commercial hazardous waste disposal facility or site permitted under section
16 39-4409, Idaho Code, the director, pursuant to a written agreement with the
17 director, the owner or operator of any such facility or site, may credit on
18 the return required in section 39-4428, Idaho Code, and in the fee remitted,
19 an amount equal to the actual cost charged by such owner or operator per gate
20 ton or fraction thereof for the characterization, collection, identification,
21 transportation, treatment, storage and disposal of wastes at such facility or
22 site.
23 SECTION 3. That Section 39-4403, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-4403. DEFINITIONS. As used in this chapter:
26 (1) "Board" means the Idaho board of health and welfare.
27 (2) "Commercial hazardous waste facility or site" means any hazardous
28 waste facility whose primary business is the treatment, storage or disposal,
29 for a fee or other consideration, of hazardous waste generated offsite by gen-
30 erators other than the owner and operator of the facility.
31 (3) "Department" means the Idaho department of health and welfare.
32 (4) "Director" means the director of the Idaho department of health and
33 welfare or the director's authorized agent.
34 (5) "Disposal" means the discharge, deposit, injection, dumping, spill-
35 ing, leaking or placing of any hazardous waste into or on any land or water so
36 that such hazardous waste or any constituent thereof may enter the environment
37 or be emitted into the air or discharged into any waters, including ground
38 waters.
39 (6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste
40 material received at a facility. This weight does not include any subsequent
41 changes to the weight resulting from the management of the waste by the facil-
42 ity.
43 (7) "Generator" means any person, who by virtue of ownership, management,
44 or control, is responsible for causing or allowing to be caused the creation
45 of a hazardous waste.
46 (8) "Hazardous waste" means a waste or combination of wastes of a solid,
47 liquid, semisolid, or contained gaseous form which, because of its quantity,
48 concentration or characteristics (physical, chemical or biological) may:
49 (a) Cause or significantly contribute to an increase in deaths or an
50 increase in serious, irreversible or incapacitating reversible illnesses;
51 or
52 (b) Pose a substantial threat to human health or to the environment if
53 improperly treated, stored, disposed of, or managed. Such wastes include,
3
1 but are not limited to, materials which are toxic, corrosive, ignitible,
2 or reactive, or materials which may have mutagenic, teratogenic, or carci-
3 nogenic properties but do not include solid or dissolved material in
4 domestic sewage, or solid or dissolved materials in irrigation return
5 flows or industrial discharges which are point sources subject to national
6 pollution discharge elimination system permits under the Federal Water
7 Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or
8 source, special nuclear, or by-product byproduct material as defined by
9 the Atomic Energy Act of 1954, as amended, 42 U.S.C., Section 2011 et seq.
10 (9) "Hazardous waste management" means the systematic control of the col-
11 lection, source separation, storage, treatment, transportation, processing,
12 and disposal of hazardous wastes.
13 (10) "Hazardous waste facility or site" means any property, structure, or
14 ancillary equipment intended or used for the transportation, treatment, stor-
15 age or disposal of hazardous wastes.
16 (11) "Injection" means the subsurface emplacement of free liquids.
17 (12) "Manifest" means a form used for identifying the quantity, composi-
18 tion, origin, routing, waste identification code(s), and destination of haz-
19 ardous waste during any transportation from the point of generation to the
20 point of treatment, storage or disposal.
21 (13) "Manifested waste" means waste which at the point of origin or gener-
22 ation is required to be manifested for transportation in a manner similar to
23 that of the federal uniform hazardous waste manifest or by other manifest
24 requirements designed to assure proper treatment, storage and disposal of such
25 waste.
26 (14) "PCB waste" means any waste or waste item which is not included in
27 the definition of "hazardous waste" and which is contaminated with
28 polychlorinated biphenyls.
29 (15) "Person" means any individual, association, partnership, firm, joint
30 stock company, trust, estate, political subdivision, public or private corpo-
31 ration, state or federal governmental department, agency, or instrumentality,
32 or any other legal entity which is recognized by law as the subject of rights
33 and duties.
34 (16) "RCRA" means the Resource Conservation and Recovery Act of 1976 as
35 amended from time to time.
36 (17) "Restricted hazardous waste" means a waste or combination of wastes
37 regulated as land disposal restricted pursuant to federal statutes and regula-
38 tions, including 40 CFR part 268. Restricted hazardous waste also includes
39 byproduct, source, special nuclear materials or devices or equipment utilizing
40 such materials regulated under the federal atomic energy act of 1954, as
41 amended. Restricted hazardous waste shall not include radiologically contami-
42 nated waste materials from "Formerly Utilized Sites Remedial Action Program
43 (FUSRAP)" sites administered by the United States army corps of engineers and
44 being disposed of pursuant to a contract in existence on July 1, 2001, and as
45 may be renewed thereafter.
46 (18) "Storage" means the containment of hazardous wastes, on a temporary
47 basis or for a period of years, in such a manner as not to constitute disposal
48 of such hazardous wastes.
49 (19) "Transportation" means the movement of any hazardous waste to or from
50 a hazardous waste facility or site.
51 (20) "Transporter" means any person who transports a hazardous waste to or
52 from a hazardous waste facility or site.
53 (21) "Treatment" means any method, technique, or process, including neu-
54 tralization, which is designed not to be an integral part of a production
55 process, but which is rather designed to change the physical, chemical, or
4
1 biological character or composition of any hazardous waste prior to storage or
2 final disposal so as to neutralize such waste or so as to render such waste
3 nonhazardous or less hazardous; safer to transport, store, or dispose of; or
4 amenable for recovery, amenable for storage or reduced in volume. Such term
5 includes any activity or processing designed to change the physical form or
6 chemical composition of hazardous waste so as to render it nonhazardous.
7 (22) "Waste" means any solid, semisolid, liquid or contained gaseous mate-
8 rial for which no reasonable use or reuse is intended or which is intended to
9 be discarded.
10 SECTION 4. That Section 39-4405, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-4405. RULES AND REGULATIONS IN GENERAL. Pursuant to the procedures
13 established by the Idaho administrative procedures act, chapter 52, title 67,
14 Idaho Code, the board shall adopt such rules and regulations as are necessary
15 and feasible for the management of the generation, collection, transportation,
16 treatment, storage, and disposal of hazardous wastes within the state. The
17 board shall also adopt such rules and regulations as necessary to regulate
18 persons who produce, burn, distribute, and market fuel containing hazardous
19 waste. The rules and regulations promulgated by the board shall be a part of
20 this code and shall have the force and effect of law. Such rules and regula-
21 tions shall include, but not be limited to:
22 (1) Criteria for the determination of whether any waste or combination of
23 wastes is hazardous for the purposes of this chapter;
24 (2) Rules and regulations for those who generate, transport, treat,
25 store, or dispose of hazardous wastes;
26 (3) Rules, and regulations, consistent with those issued by the United
27 States environmental protection agency and the United States department of
28 transportation, for containerization, labeling and manifesting of hazardous
29 wastes;
30 (4) Rules and regulations specifying the terms and conditions under which
31 the department shall issue, modify, suspend, revoke, or deny such permits as
32 shall be required by this chapter;
33 (5) Lists of those wastes or combinations of wastes which are not compat-
34 ible and which may not be stored or disposed of together;
35 (6) Procedures and requirements for the reporting of the generation,
36 transportation, treatment, storage or disposal of hazardous wastes;
37 (7) Rules and regulations establishing standards and procedures for the
38 training of personnel at generation sites and at hazardous waste facilities
39 and sites;
40 (8) Release detection, prevention and correction regulations rules appli-
41 cable to all owners and operators of underground storage tanks, as may be nec-
42 essary to protect human health and the environment;
43 (9) Rules specifying radioactive materials or other radioactive materials
44 occurring naturally that may be disposed of at a commercial hazardous waste
45 facility or site.
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STATEMENT OF PURPOSE
RS 11024A5
This legislation provides policy for the state of Idaho on
radioactive and radiologically contaminated waste entering a
Hazardous Waste Facility. It provides legislative intent
language. This bill makes additional definitions for hazardous
waste. It also provides rulemaking authority. This bill
provides fees for FUSRAP waste and allows for contracts in
existence on July 1, 2001.
FISCAL IMPACT
No impact on the general fund.
Contact
Name: Rep. Julie Ellsworth
Phone: 332-1000
Rep. Cameron Wheeler
Rep. Frances Field
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 192aa